(a) The provisions of this subpart M are applicable to discharges from—
(1) Mines and dredges that produce gold or gold bearing ores from placer deposits; and
(2) The beneficiation processes which use gravity separation methods for recovering gold from placer deposits.
(b) The provisions of this subpart M are not applicable to any mines or beneficiation processes which process less than 1500 cubic yards (cu yd) of ore per year, or to dredges which process less than 50,000 cu yd of ore per year, or to dredges located in open waters (i.e., open bays, marine waters, or major rivers).
authority: Secs. 301, 304(b), (c) and (e), 306, 307, and 501 of the Clean Water Act (The Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977 and the Water Quality Act of 1987), (the Act),
33 U.S.C. 1311,
1314,
c,
1316,
1317,
and; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217; 101 Stat. 7, Pub. L. 100-4
source: 47 FR 54609, Dec. 3, 1982, unless otherwise noted.
cite as: 40 CFR 440.140